Terms and Conditions
CADILLAC CLUB TERMS AND CONDITIONS
1. Definitions & General Terms
In these Terms and Conditions the words ‘Cadillac Club’ ‘CC’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Cadillac Club, an Australian registered company. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.
These Terms and Conditions apply to all video and associated audio product created by Cadillac Club, including all moving and still images and sound recordings of whatever form.
2. Pre-production requirements
It is the Clients responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final video production.
No liability will be accepted by Cadillac Club for and delays or failure to deliver the agreed product if caused by any element which is the Clients responsibility.
Where copyright material is provided by the client for incorporation into a Cadillac Club product, permission must be obtained from the original copyright owner / material provider.
The client undertakes to indemnify Cadillac Club against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit.
A full production brief must be signed off by the Client before production work begins.
3. Production and post-production
All works undertaken will be as per Cadillac Club written quotation based upon the agreed production brief. It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking.
Any amendments or additional days filming will be charged at our current daily rates.
The First round of editing changes are included within quote price. Any changes required to the video past the first round will incur additional charge of $100P/Hr.
Clear access for video and sound capture shall be arranged and managed by the Client. If filming venues are being organised by the Client, it is the Clients responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations required throughout the day.
Delays in production as a result of inadequate access or facilities may incur additional charges.
Cadillac Club takes Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and / or equipment from a location if we deem it to be unsafe or if our crew are subjected to abusive or aggressive behaviour.
In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result. Cadillac Club will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.
5. Adverse weather conditions
In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.
6. Client delays
In the event of filming being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified in the production brief, we reserve the right to re-schedule the affected days of filming and to charge for any additional costs which arise. No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).
7. Changes to the filming schedule
In the event of the Client wishing to change or cancel the filming date we require a minimum of 3 weeks notice. Failure to comply will result in the Client becoming 100% liable for all costs associated with the originally scheduled dates.
8. Equipment substitution
In the event that Cadillac Club experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay filming or adversely impact upon the project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, and no further claims or liability will be accepted.
9. Approval / amendments of draft footage
Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment. One set of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. Subsequent revisions or significant re-edits will be charged at a rate of $100 AUD per hour.
10. Project duration and delivery
Any indication given by Cadillac Club of a design project’s duration is to be considered by the customer to be an estimation. Cadillac Club will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client.
In all cases our liability will be limited to the agreed total cost of the project (budget estimate), less any costs incurred by us for any work already complete on the project provided such work is within the agreed production brief. Cadillac Club will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.
Cadillac Club asserts its full rights as copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project. The copyright of all produced material is solely owned by Cadillac Club and is protected under Australia law.
Audio Visual - Prior to supplying audiovisual content to Cadillac Club, the client is responsible to verify:
-Ownership of the rights to reproduce the supplied content
-If any of the supplied content is copyright protected
Any last minute audio requests or changes may result in additional fees.
12. Usage licence
The client will have a license to use the content delivered by Cadillac Club for a total of 24 months from date of delivery of the final product.
Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder.
By accepting these terms and conditions, the Client hereby indemnifies Cadillac Club against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material.
We retain all rights to the usage of footage captured during the production of any client-commissioned project. As part of our video production service, we will grant a time-unlimited licence for use of that footage to the Client subject always to the following conditions:
-Cadillac Club retains all copyright over any content we produce.
-A usage licence grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in anyway.
-We reserve the rights to use any footage and related files from any client commissioned project in our showreels and for other promotional purposes.
-Cadillac Club assigns to the Client a licence to use the video production in its complete delivered form only. We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.
-We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
Our payment terms are strictly 30 days from date of invoice and in the event of an order being confirmed the Client accepts these terms.We reserve the right to charge further interest and late payment fees on all overdue invoices.
We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed terms.
The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Cadillac Club reserves the right to withhold delivery and any granting or continuation of usage licence of any current work if accounts are not current or overdue invoices are not paid in full.
All grants of any license to use our copyright material under this a Agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.
14. TALENT RELEASE FORMS
The client is responsible for verifying any person/s involved in the filming has agreed to be recorded. You will gather the approvals using your organisation’s procedures for interviewees, talent or anyone on site during filming. We recommend (but cannot require) your organisation uses a talent release form.
15. DELETING FILES
Cadillac Club reserves the right to deletes all raw footage, project files and supplied digital files from our servers once the final video has been delivered and all balances paid. We will usually store the raw footage for at least 1 month but this is not guaranteed.
We offer storage or archiving copies of all master and project files at an additional cost. You can arrange for the of raw project files or raw footage to be stored on our servers or on a hard drive, that you will store upon request prior to paying invoice and or signing off on completed job.
Cadillac Clubs quotation remains open for acceptance for up to 21 days from the date of issue. Cadillac Club may withdraw a quotation at any time. The Client can accept a quotation by signing a copy of it and sending to Cadillac Club, or respond to Cadillac Club via e-mail.
Any quotation that Cadillac Club gives is based on the information that was provided to us at the time of quotation.
If that information is later found to be inaccurate or there is a change to the nature or scope of the deliverables or if circumstances change, Cadillac Club may charge an additional amount calculated on a time and materials basis at our standard rates.
17. PRODUCTION RATES, EXPENSES & INVOICING
Unless the price for the Deliverables is stated in a Production Schedule to be fixed, Cadillac Club is entitled to charge the Client for Deliverables on a time and materials basis at Cadillac Club’s standard rates.
If Cadillac Club is required to attend the Client’s or any other premises for any reason pursuant to these Terms, the Client will reimburse Cadillac Club for reasonable transport and/or accommodation expenses incurred by Cadillac Club in doing so. All travel and accommodation will be charged at cost. However, this does not include transport expenses within 25km of the Sydney Central Business District.